Chongqing Toll Road Management Several Provisions

Original Language Title: 重庆市收费公路管理若干规定

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(February 6, 2006 Chongqing Government 66th times Executive Conference considered through February 16, 2006 Chongqing Government makes 192th, announced since April 1, 2006 up purposes) first article to strengthening on charges highway of management, maintenance charges Highway business managers and using who of lawful rights and interests of, promote Highway career of development, according to People's Republic of China Highway method, and charges Highway Management Ordinance, legal regulations of provides, combined this city actual, developed this provides. Second city and counties (autonomous counties and municipalities) people's Governments should take positive measures to support and promote the development of roads.
    Highway development should adhere to the development of non-toll roads mainly, principles of proper development of toll roads.
    Article toll roads in city traffic departments in charge of the city administration, municipal road authorities are responsible for the day-to-day supervision and management of toll roads in the city.
    Counties (autonomous counties, and cities), departments of transportation and road management bodies established in accordance with this regulation, responsible for the administration of the Government to pay loan and investment management for the construction of road management work.
    Price, financial departments shall, in accordance with their respective mandates, is responsible for the management of toll roads.
    Article toll road infrastructure program, according to the relevant State provisions.
    Fifth of municipal transportation departments under the highway planning, submitted a proposed toll road project proposal, submitted to the municipal people's Government for approval.
    Proposed toll-road project includes the construction, technical level, investment estimation, charges, fees, maximum charging period, toll stations set up the program.
    Sixth municipal people's Government determined construction loan Highway, after the set deadline, established by law of the not for profit legal entity responsible for building and managing.
    Municipal people's Government identified for management of highway construction project by the municipal departments of transportation projects approved by the municipal people's Government to the public, and according to the project the preparation of tender documents, select investors and selected by competitive bidding tender premium deadline.
    Article seventh toll highway toll stations, shall follow the plan, total control, cost-effective, reducing the site's principles and abide by the following provisions: (a) the same Turnpike main line by the construction, operation and management of different subjects, all the investors in accordance with the "unified charging, proportionately into" joint set of principles, (ii) networking toll highway.
    Set the toll crossing shall satisfy the safety requirements for vehicles and according to the requirement of large transport vehicles-and dedicated channel.
    Eighth municipal traffic authorities, price, in conjunction with the competent departments, the Municipal Finance Department, proposed the city highway, level I, level II Highway and the independent bridge and tunnel toll charges, and after a hearing by the municipal price departments according to law, submitted to the municipal people's Government for review and approval.
    New toll roads built in accordance with the provisions of article acceptance after passing the toll road operators and managers to handle charging tolls related procedures; upon approval by the law before they can collect tolls.
    Tenth of municipal transportation departments municipal people's Government charges should be road name, site, charges, fees, pay period and other information in front of the charging to the public.
    11th toll-road operators and managers shall, in accordance with municipal departments of transportation and provision of municipal road management agencies, strengthening the standardization construction of toll stations, increase the site's service quality.
    12th toll-road operators and managers shall, in accordance with the State standards and norms on toll roads and road facilities for routine inspection, maintenance, guarantee the Turnpike in good technical condition.
    And road pavement of Expressway maintenance quality index should be kept at 80 per cent, international roughness index of road pavement rate should be above 90%; good road secondary road rate should be kept at 90%, international roughness index of road pavement rate should be kept at 85%.
    13th toll-road operators and managers should be in the annual tolling arrangements necessary maintenance expenses, maintain roads and ancillary facilities.
    Toll road operators and managers shall, in accordance with the national regulations of standards and norms, as well as the relevant provisions of the city, highway range of soil and water conservation and green work on toll roads and road facilities for routine inspection, maintenance, regular road checks, make self assessment records, highway maintenance quality statements submitted in accordance with regulations.
    14th toll-road repair work and alterations should carry out the tender system, the contract system and the project supervision system.
    Toll road operators and managers should be toll roads repair, renovation and other affected vehicles to normal traffic construction information ahead of 10th to the public.
    Toll road maintenance should be scheduled completion of the construction, shall be the duration and in accordance with the relevant provisions of the road traffic signs and safety facilities to strengthen the conservation and job site supervision, shall not affect the safe passage of vehicles.
    15th road management agencies should establish and improve highway quality inspection system.
    Highway administrative departments shall exercise supervision over the toll road, check, and check the results to the public and urged toll road operators and managers perform their duties.
    District (County and municipal) institutions shall, in accordance with the national regulations for road management standards and the relevant provisions of the city, within its management authority of toll road traffic checks, made the assessment records, establish traffic archives. 16th Government loan highway toll revenues should be fully incorporated into the financial, the two lines of income and expenditure management.
    Government to pay loan toll revenue for toll road maintenance, management and the normal expenditure, all used to repay loans, financing and repayments shall not be diverted.
    17th, in line with the People's Republic of China highway law, the toll road regulations and the transfer of relevant provisions of the State Government to pay loan interest, the municipal transportation Department adopts the way of bidding selection management, transportation departments of the State Council according to law or municipal people's Government for approval, by the transfer of the two sides entered into a transfer agreement.
    18th issue access cards Highway-NET toll collection can be imported, export mode card and pay the ticket in recovery.
    On in highway network within once passage same charges station out entrance and lost, and damaged passage card of vehicles, by highway business managers according to the station from network most far of charges station of charges standard fill received vehicles passage fee; on holding forged of passage card and illegal ran station of vehicles, by highway business managers according to network within most long mileage of charges standard fill received vehicles passage fee.
    Lost, damaged, pass, shall pass the standard compensation fee.
    Article 19th of citizens, legal persons and other organizations believe that toll road poor road conditions or violations of toll road operators and managers and their staff, right to file a complaint or report of the transportation departments.
    City and counties (autonomous counties, and cities) transportation departments should set up complaints and telephone hotlines, and to the public; after receiving complaints and reports, investigation and handling of permission pursuant to the provisions in the 3rd, after the end of the investigation and handling, process the results shall promptly inform the complainant or informant.
    20th toll road crossing is not fully open, stop at the opening toll level crossing while waiting for the passage of vehicles over 5, toll road operators and managers should immediately open charges crossing; failing to open, by the Department of transportation shall be ordered to immediately open to fines of between 10,000 yuan and 30,000 yuan.
    21st toll-road operators and managers in violation of these provisions, not according to time and asked to complete maintenance work affecting traffic, by the municipal transportation Department ordered corrective action and fines of between 10,000 yuan and 30,000 yuan.
    22nd toll-road operators and managers in violation of these provisions, not transportation departments under the State Council regulations on technical specifications and procedures for road maintenance, led to toll roads do not meet the provisions of article 12th maintenance quality index requirements set forth by the municipal departments of transportation a rectification; refused to correct or fails to make corrections, shall be ordered to stop charging, and announced to the public the following day. Stop charging is not required in the 30th after meeting highway maintenance obligations by the municipal departments of transportation specify the unit maintenance, maintenance cost borne by the original toll road operators and managers.
    Refusing to take, apply to a court for mandatory enforcement according to law.
    Toll road operators and managers in accordance with the relevant provisions of the conservation obligations need to be restored after charge, toll road operators and managers to apply to the City Transportation Department approval before they can collect tolls.
    23rd article violation this provides, has following behavior one of of, by highway highways management institutions law processing: (a) holding forged of passage card or vehicles passage fee ticket of, ordered fill paid vehicles passage fee, at 5000 Yuan fine; (ii) in highway network within once passage same charges station out entrance of vehicles, refused to by this provides 18th article provides fill make vehicles passage fee of, ordered fill paid vehicles passage fee, at 200 Yuan above 5000 Yuan following fine.
    24th article administration institutions and staff violation this provides, has following behavior one of of, by superior competent sector be informed criticism, ordered corrected, on about responsibility people law give administrative sanctions; suspected crime of, transferred judicial organ law processing: (a) violation provides unauthorized approved transfer charges Highway interests of; (ii) business sex highway construction project should implemented tender bid and not implemented tender bid of; (three) not according to provides timely on charges highway for check of;
    (Iv) toll roads do not meet this provision and the requirements stipulated by relevant laws and regulations, failing to be investigated; (v) in accordance with this provision to the public of relevant information, (vi) public complaints or reports of investigation and treatment in a timely manner not according to stipulations; (VII) other acts of dereliction of duty, abuse of power, favoritism or bribes. 25th toll roads in violation of the regulations and the provisions of the respectively by the traffic, pricing, financial and other sectors according to their respective duties will be punished.

    Article 26th before the implementation of the toll road Management Ordinance, had municipal government approval of projects without a site license of the toll road from toll road Operations Manager Web settings diagram and pay project approvals, site application to municipal people's Government.
    Municipal people's Government shall, within 20 working days after receipt of the application for approval.
    27th into the main city road and bridge toll reform piece of toll roads, in accordance with the relevant provisions of the municipal people's Government.
                                            28th article of the regulations come into force on April 1, 2006.